Cheque Dishonour, Material Alterations and Acquittal under S.138 of Negotiable Instruments Act, 1881

Cheque Dishonour, Material Alterations and Acquittal under S.138 of Negotiable Instruments Act, 1881

In case of J. Jerald Vivera v. David Manoharan [2016] GCtR 6587 (Madras) while dealing with case of S.138 of Negotiable Instruments Act, 1881 accused was acquitted. In this case, cheque was given on the date of borrowing. Defence of the accused was  : cheque not given in favour of complainant ; Material alteration made in cheque ; though the date of debt and date of cheque were same but Signature of accused did not matched with signature on cheque ; a different date was mentioned on back of the cheque.